Prior to the Shelby decision, states and counties with the worst histories and recent records of voting discrimination had to obtain “federal preclearance”—that is, approval from the Department of Justice or a federal court—before implementing any changes to voting laws and practices, to ensure they did not curtail the right to vote. In the Shelby County decision, the court struck down the formula used to identify which states were required to obtain federal preclearance, effectively gutting the heart of the VRA.
As both the Supreme Court and individual states weaken the VRA, coupled with a divided Congress that cannot enact commonsense voting rights legislation, protecting our democracy falls to states with the capacity to take action. America can’t wait for voter protections, especially with a monumental presidential election approaching in 2024. While enacting federal legislation is essential for fully restoring the strength of the VRA, states are not completely helpless. States can implement commonsense solutions to address some anti-democratic flaws in our voting systems. New Mexico and Connecticut serve as prime examples of this proactive approach.
In New Mexico, the governor recently signed the state’s inaugural Voting Rights Act. This legislation automatically registers voters at the Department of Motor Vehicles or other designated local public offices, reinstates voting rights for previously incarcerated individuals upon their release from custody, mandates a minimum of two monitored secure ballot drop boxes per county, and much more.